Bringing persons controlling the debtor to subsidiary liability in case of bankruptcy of the debtor

Resumo

Background: In 2009, the Russian legislation established the institution of bringing to subsidiary responsibility the head of the debtor, as well as other persons controlling the debtor for causing harm to the debtor who is unable to satisfy all creditors' claims. To correctly interpret and apply the norms of law, the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 53 was adopted in 2017. Despite this, not all gaps related to bringing the debtor's controlling persons to justice have been resolved. Objective: The authors aim to identify the problems of legal regulation of bringing to subsidiary responsibility of persons controlling the debtor in the event of bankruptcy of the debtor. Methods: the disclosure of the topic was carried out from the standpoint of general scientific methods (systemic, structural-functional, historical), the method of theoretical analysis, private scientific methods (comparative jurisprudence, technical and legal analysis, concretization, interpretation). The methodological basis of the study was the method of the theory of knowledge. Results: The problem of the subjectivity of assessments in court is revealed and solutions are proposed. The conditions for bringing persons to subsidiary liability of persons controlling the debtor are determined.